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MINUTES <br />CITY COUNCIL <br />JULY 28, 2003 <br />John Sculley indicated that the water on his property is coming from other <br />properties. Therefore, they need to sell their land today because the entire <br />property will become a wetland. <br />The City Engineer indicated that his analysis did not include a wetland <br />delineation. He indicated that the areas draining into the Sculley property <br />have not changed much. Water has been diverted into the pond from the <br />Walters development that used to flow directly to the Sculley property. <br />The Engineer noted that the drainage pattern has always directed water to <br />the Sculley property. <br />Sculley indicated that the low area had previously been located east of <br />their property. Fi11 was brought into this area when it was developed, and <br />this fill changed the drainage patterns. The result is more wetland on his <br />property and the devaluation of his property. <br />Fahey pointed out that the information the City has does not support Mr. <br />Sculley's position. Fahey suggested that the property owners may need to <br />have their own attorneys and engineers conduct an analysis. Fahey <br />indicated that the statute of limitations may also impact the property <br />owner's position, and this could prove to be a tough legal challenge. <br />Sculley stated that he understands the Mayor's position and thanked the <br />City for their efforts in preparing the report. Sculley indicated, however, <br />that he couldn't believe his family and Mr. Pogreba are the only ones who <br />can see where the water is flowing. The City of Maplewood won't do <br />anything to address drainage problems caused by the illegal berm, and he <br />felt that the drainage problems are all due to improper maintenance by the <br />City of Maplewood. <br />The City Engineer indicated that the ditch on the west edge of the berm is <br />overgrown. However, it may not be possible to re-excavate the ditch due <br />to Watershed and Corps of Engineers concerns. Aichinger indicated that it <br />would be possible to clean out the ditch; however, there would be a <br />permitting process that would need to be followed. <br />Jim Pogreba indicated that the ditch is not doing what it was designed to <br />do. Aichinger responded that there wasn't an original design for the ditch. <br />Pogreba expressed frustration with the lack of resolution to the drainage <br />problem. Pogreba noted the following concerns: <br />o The ditch and berm were originally constructed without a <br />permit. <br />o It was agreed that Maplewood would retain control of the <br />pond and maintenance. <br />